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Home My WebLink AboutRES NO 137-13RESOLUTION NO. 137, 13 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE SOUTHEAST CORNER OF STOCKDALE HIGHWAY AND HEATH ROAD (GPA /ZC NO. 13- 0127). WHEREAS, Bolthouse Properties, LLC, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from HR (High Density Residential) and HMR (High Medium Density Residential) to LR (Low Density Residential) and HR (High Density Residential) on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road (the "Project "); and WHEREAS, the City Council adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on Thursday, September 5, 2013, and approved Resolution No. 38 -13, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 16, 2013 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 38 -13 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 4. The Project approved herein is hereby made part of the fourth amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2013 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- Page 1 of 2 AKe f... m r U O ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on OCT 16 2013 , by the following vote: COUNCILMEMBERRIVERi3 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER---n ABSENT: COUNCILMEMBER ,!V OCT 16 2013 MAXWELL, WrIR, SMITH, HANSON, SULI -MAN, JOHNSON ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval General Plan Amendment Map By: DL S: \GPAs \GPA 4th 2013 \13 - 0127 \Res Ord \RES CC Resolution GPA 13- 0127.docx Page 2 of 2 o`` gAKF9� ►- m V r O ORIGINAL. Exhibit A Conditions of Approval �AKF9 > rn r r iJ p ORIGINAL Traffic: EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 13 -0127 Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Stockdale Highway, Heath Road, Wegis Avenue and Nord Avenue to arterial standards; Claudia Autumn Drive to collector standards within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the city Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication can be provided with the map. Developer shall reserve the right of way within the GPA /ZC area for the West Beltway per Specific Plan Line 03-1171 per Resolution 044 -04 and for the Kern River Freeway per Specific Plan Line to be adopted by the City of Bakersfield." b. This GPA /ZC area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA /ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. If the GPA /ZC proposes to discharge storm water to a canal, a channel, or the Kern River, storm water systems that ultimately convey drainage to the river or a canal shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. c. Sewer service must be provided to the GPA /ZC area. The developer shall submit a comprehensive sewer study to the City Engineer for the GPA /ZC area to determine and verify sufficient sewer capacities downstream of the project. If the City Engineer determines there is not adequate capacity, the developer shall participate in a planned sewer district and /or construct additional sewer infrastructure to the satisfaction of the City Engineer. Construction of the project site shall be phased to accommodate sewer capacities as approved by the City Engineer. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and /or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. v ORIGINAL Exhibit A Conditions of Approval GPA /ZC 13 -0127 Page 2 d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 4. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA /ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 5. A traffic impact analysis dated April 5, 2013 was prepared by Ruettgers and Schuler Civil Engineers for the project site. There is an 88 peak hour trip decrease compared to the existing use for the property. This decrease is less than the 50 peak hour trip increase that would trigger the need for a traffic study per Section 6.2.1 of the Subdivision Design manual. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate program. For traffic impact. City Attorney 6. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conode �ns i-- m U r- O ORIGINAL Exhibit A Conditions of Approval GPA /ZC 13 -0127 Page 3 whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. "DL \S: \GPAs \GPA 4th 2013 \13 - 0127 \Admin SR \Exhibit A rev for PC 9- 5- 13.docx m t? 4 ORIGINAL Exhibit B General Plan Amendment Location Map AKe �s v o ORIGINAL N T MM1 C'! T Z W Z W Z CL L J Q W Z W CD a w Y a a, M 0 C s �fiKF9�m v O ORIGINAL